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When you seek treatment from a medical professional, you expect to receive only beneficial care. Sometimes, however, people end up actually suffering harm at the hands of doctors, nurses, and other medical personnel. When these types of incidents occur, a medical malpractice claim may be a viable option for the injured party to seek proper compensation for the damage caused.
Knowing when you have a case and how to pursue it can be complicated and difficult to handle without professional help. At Ratton Law Group PC, we possess a unique combination of medical backgrounds and extensive experience in practicing law. If you or a loved one has been harmed by a medical professional in the greater Detroit, Michigan, area, contact our team today to schedule a consultation.
Understanding Medical Malpractice
In simple terms, medical malpractice is defined as a patient suffering harm due to a medical care provider making a mistake or simply being negligent in their work. This can take on many forms, and multiple factors must be proven in order for a medical malpractice claim to be successful.
Medical Malpractice Claims in Michigan
Under Michigan law, an injured party has the right to sue any licensed medical provider whose medical error caused the injury. This covers a wide range of medical professionals, from doctors and nurses to technicians and other healthcare providers.
Statute of Limitations
In the state of Michigan, you have a two-year window of time from the date the medical professional’s action (or failure to act) caused your injury to file a medical malpractice claim. If you fail to file a claim within that two-year period, you will forfeit any legal right to seek financial compensation for your medical malpractice injury.
Common Causes for Medical Malpractice Claims
As previously mentioned, medical malpractice can take many different forms, but there are some that are more common than others. If any of the following types of errors happened in your treatment, you may have grounds to file a claim.
Diagnosis
Patients trust doctors and other medical professionals to properly diagnose an ailment or injury and administer the correct treatment. In some cases, however, mistakes are made in the process of diagnosis, including:
- Misdiagnosis — Providing the wrong diagnosis, leading to improper treatment
- Failure to Diagnose — Inability to make any diagnosis at all, leading to a delay in treatment
When you are either incorrectly diagnosed—or your condition is not diagnosed at all—you run the risk of having your condition worsen or receiving treatment that actually harms you rather than helps you.
Failure to Provide Proper Treatment
Even if your condition or injury is accurately diagnosed, not receiving the right treatment can lead to greater issues. Improper treatment can even include pharmaceutical errors (being prescribed or given the wrong medication).
Surgical Errors
Though surgeons and their assisting staff are some of the most highly-skilled professionals in the medical field, mistakes can still be made. Errors during surgery can cause significant injuries—or even death.
Who Can Be Sued for Medical Malpractice?
Liability in a medical malpractice claim can potentially extend beyond a doctor, nurse, technician, or other individuals who directly caused the injury. In cases in which the person responsible is a hospital employee, the hospital itself may be eligible to be sued. It is important to note, however, that in many cases, doctors are not actually employed by the hospitals where they practice or perform operations.
Basic Elements of a Medical Malpractice Claim
As with many types of personal injury cases, a medical malpractice claim is made up of a few basic, fundamental factors that must be established in order to prove your claim. These factors include proving:
- There was a doctor/patient relationship between the injured party and the party accused of being responsible.
- There was negligence or improper action on the part of the party accused of being responsible for the injury, breaching the implied “duty of care” owed to the patient.
- The negligence or incorrect action led directly to the injury or condition suffered by the victim.
- This injury or condition has resulted in undue financial costs to the victim.
Proving these factors may be complicated, but skilled legal representation can help you build a strong case.
Possible Compensation Available
In addition to economic damages that can be awarded in a medical malpractice claim (related to medical bills or ongoing treatment that may be necessary), Michigan allows for the potential of non-economic damages, which include pain and suffering, disfigurement or permanent disability, and other effects of your injury.
Rely On Experienced Legal Guidance
Following an instance of medical malpractice, you are not only suffering physically, but you have likely come away from the experience with additional mental—or even financial—stress. Let an experienced team of legal professionals stand by your side as you pursue compensation for the harm done to you. At Ratton Law Group PC, we are prepared to fight for you and help you navigate the medical malpractice claim process. If you are in the Detroit, Michigan, area, get in touch with us today to schedule a consultation to discuss your situation.
